United States of America v Williamson & Ors [2024] NTCA 6

Dr Christopher Ward SC, appearing with Phillip Santucci, has successfully represented the United States of America in an appeal before the Northern Territory Court of Appeal.

The appeal upheld the sovereign immunity of the United States of America in relation to a claim made by a United States serviceman in respect of injuries suffered whilst on deployment in Australia.

The case involved questions of customary international law, the Status of Forces Agreement between the United States of America and Australia, and statutory interpretation.

The case may be found at [2024] NTCA 6.

The FCFCA affirms the constitutional limits to lawfully detain as held in NZYQ

Dr Christopher Ward SC and Madeleine Bridgett appeared for the successful applicant in a habeas corpus application made on an urgent basis to the Federal Circuit and Family Court of Australia in GMZ18 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FedCFamC2G 335. The Court found that the applicant’s immigration detention was unlawful and ordered the immediate release of the applicant. This case considers the effect of the judgments in Chu Kheng Lim v The Minister for Immigration, Local Government and Ethnic Affairs (1992) 176 CLR 1 and NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37, including the scope of the constitutional limit to lawfully detain. The Court concludes that the relevant principle in Lim as espoused in NZYQ applies. The judgment can be found here.

Prosecution of Mr Bernard Collaery withdrawn

Dr Christopher Ward SC has represented Mr Bernard Collaery in national security proceedings since 2018. The case has involved numerous applications to the ACT Supreme Court, Court of Appeal and High Court. The prosecution of Mr Collaery was withdrawn by the Attorney-General on 7 July 2022. Dr Ward SC describes the result as very pleasing and in the interests of justice and Australia's international relations. Dr Ward acted for Mr Collaery pro bono.

Further information can be found here.

Ukraine and Russia: A summary of international legal issues

Dr Christopher Ward SC has written a note on the international legal issues relating to the current situation in Ukraine.

The note can be found here.

A successful result for Yoshe Taylor

6 St James Hall Senior Counsel Dr Christopher Ward SC has worked for some years for Australian Yoshe Taylor.  Ms Taylor was sentenced by a Cambodian Court to 23 years imprisonment on drug trafficking charges arising from a complex scam.  After a successful appeal in 2018 to Cambodia’s highest Court, Ms Taylor was finally acquitted of all charges on her re-trial in April 2019.  After serving 6 years of that sentence in extremely difficult conditions, Ms Taylor returned today to Australia.  Dr Ward thanks all of the members of the legal team, and particularly Alex Wilson of Lethbridges Solicitors, and Cambodian Counsel Mr So Mosseny. Dr Ward and Ms Wilson worked on the matter pro bono.

Further details can be found in the Sydney Morning Herald and the ABC News.

Dr Ward SC represents Palmer Leisure Coolum Pty Ltd in the Supreme Court in Brisbane

Dr Christopher Ward SC represents Palmer Leisure Coolum Pty Ltd in a matter about an alleged abuse of process leading to a stay of proceedings that are brought against the company and Mr Clive Palmer based upon the takeovers provisions under the Corporations Act.

The matter is mentioned in the Brisbane Times.